Commonwealth v. Johnston

Citations

• 2 Pa. Super. 317
• 1896 Pa. Super. LEXIS 58

Syllabus

<p>Criminal law — Agency—Libility of principal for acts of Ms agent.</p> <p>Ordinarily a principal is not field criminally responsible for the acts of his servant or agent, unless he in some way participates in, countenances or approves the criminal act of the agent: nor can a principal be held criminally liable for the act of his agent in opposition to his will and against his orders.</p> <p>Agency — Selling liquor without a license.</p> <p>Where the owner and proprietor of a drug store instructed his assisants in regard to the manner in which he desired them to conduct his business, instructing them not to sell intoxicating liquors to any one except upon a prescription of a regularly registered physician and for medicinal purposes and not to sell more than once on any one prescription, he cannot be convicted for sales of liquor made in his absence, in contravention of these orders, against his authority and without his knowledge.</p> <p>Agency — Instructions by principal to agent — Presumption.</p> <p>Every lawful instruction from principal to agent is to be considered as given in good faith until the contrary is shown and then the bona tides of the instruction is for the jury.</p> <p>Agency — Cases distinguished and followed — Knowledge of principal.</p> <p>This case is not governed by Carlson’s License, 127 Pa. 330; Commonwealth v. Sellers, 130 Pa. 32; Commonwealth v. Holstine, 132 Pa. 357; Commonwealth v. Zelt, 138 Pa. 615. These cases hold persons answerable for sales made by themselves and prevent them from pleading ignorance of the knowledge of the nonage or intemperate habits of those to whom they sell. This case is rather governed by Commonwealth v. Junkin, 170 Pa. 197, which holds that a principal is not answerable criminally for the wrongful act of his agent in positive disobedience of his explicitdnstructions.</p> <p>Criminal law — Selling liquor without a license — Druggist—Act of May 13, 1887, sec. 16.</p> <p>One indicted for selling liquor without a